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23-1-92
Section 23-1-92 Advertisement for contract bids - Requirement. No contract where the estimated
cost of the work will exceed $250.00 shall be made except after advertisement for 30 days
in some newspaper published in the county, describing the character of the work to be done
and the time and place of letting, and then only to the lowest reasonable and responsible
bidder for such work, who shall enter into bond in double the amount of such bid, conditioned
for the proper performance of such contract according to the plans and specifications and
within the time prescribed by the order of the county commission of such work, which bond
shall be approved by the judge of probate of said county. Where the estimated cost of the
work exceeds $2,500.00, advertisement as above must also be made in a daily paper published
in this state of at least 5,000 daily circulation once a week for 30 days. The county commission
shall have the right to reject any or all bids. (Code 1923, ยง1361; Acts 1927,...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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36-29A-8
Section 36-29A-8 Trust fund disputes. (a) As used in this section, the following terms shall
have the following meanings: (1) ADMINISTRATIVE LAW JUDGE (ALJ). An independent third-party
hearing officer appointed by the Chief Administrative Law Judge of the Administrative Law
Judge Division (Central Panel) of the office of the Attorney General. (2) AGENCY. A department,
board, bureau, commission, agency, or office of the State of Alabama. (3) STATE EMPLOYEE.
A permanent, non-probationary employee, whether in the classified or unclassified service
of the State of Alabama, including, but not limited to, employees of the Department of Mental
Health and Mental Retardation. (b) Notwithstanding any other provision of law to the contrary,
a state employee may specifically request that an Administrative Law Judge (ALJ) or the State
Employee Injury Compensation Trust Fund Review Board hear and decide any employee dispute
related to State Employee Injury Compensation Trust Fund entitlements. The...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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12-2-7
Section 12-2-7 Jurisdiction and powers of court generally. The Supreme Court shall have authority:
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions
and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given
the decision of the trial judge upon the facts where the evidence is not taken orally before
the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment
as it deems just. (2) To exercise original jurisdiction in the issue and determination of
writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs
as are necessary to give to it a general superintendence and control of courts of inferior
jurisdiction. (4) To make and promulgate rules governing the administration of all courts
and rules governing practice and procedure in all courts; provided,...
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30-1-9.1
Section 30-1-9.1 Requirements for marriage; validity; construction with other laws. (a) On
August 29, 2019, and thereafter, the only requirement for a marriage in this state shall be
for parties who are otherwise legally authorized to be married to enter into a marriage as
provided in this section. However, the judge of probate shall continue to collect the recording
fee provided for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage
recorded with the judge of probate. Furthermore, at the time the marriage is recorded, the
judge of probate shall also collect the fee provided for in Section 30-6-11, to be distributed
as provided in that section. (b) The marriage document required to be executed by the parties
shall contain information to identify the parties as set forth in Section 22-9A-6, as well
as the following minimum information: (1) The full legal names of both of the parties. (2)
A notarized affidavit from each party declaring all of the following: a....
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45-39-245.06
Section 45-39-245.06 Collection and enforcement. (a) Unless otherwise authorized and directed
by the governing body of Lauderdale County as provided in subsection (b), the taxes herein
levied shall be collected by and paid to the Judge of Probate of Lauderdale County in his
or her official capacity. All reports required to be made to the Commissioner of Revenue of
the State of Alabama as to state sales and use taxes under the aforesaid Act 100 of the 1959
Second Special Session of the Legislature and Articles 11, 11A, and 11B of Chapter 20 of Title
51 of the Code of Alabama of 1940 and amendments thereto, as to such taxes herein levied shall
also be made to the Judge of Probate of Lauderdale County, Alabama, and as to the taxes herein
levied the Judge of Probate of Lauderdale County, Alabama, shall have and exercise the same
powers, duties, and obligations as are imposed on the Commissioner of Revenue of the State
of Alabama by the aforesaid Act 100 of the 1959 Second Special Session...
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10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
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